Natural Resources
Subject:
Ch. NR 10 - Relating to changes needed to reflect the changes in 1997 Wis. Act 1 (fee package), pertaining to the hunting of bear.
Description of policy issues:
Description of policy issues to be resolved, (include groups likely to be impacted or interested in the issue):
In addition to a few housekeeping changes reflecting wording changes, the Department will be seeking approval to create for the bear hunters the ability to apply as a group for a Class A bear license. (The old harvest permit). 1997 Wis. Act 1, created an exemption to s. 29.245, the shining law, which allows a person to possess a weapon and shine bear after 10:00 p.m. for educational purposes. The Department will determine who is eligible by creating a definition for educational purposes and be asking for permit authority to control who can obtain this authorization to shine bear with a weapon.
The Wisconsin Bear Hunters Association and the Conservation Congress are interested in this issue.
This action represents a change from past policy.
Explain the facts that necessitate the proposed change:
The Department has never provided the opportunity for bear hunters to apply as a group. The bear hunting organization has asked the Department to do so and the Department thinks it is a good idea. The Department will follow the procedures as used for turkey hunting. Until this last legislative change, the Department has not authorized anyone to possess a weapon and shine bear over a bear bait. The legislative intent was to create an exemption for an eco-tourism activity occurring in the north, whereas people hire a person to take them out to photograph bear at night. The exemption to possess a firearm while shining is for self-protection and a guaranteed right in the Constitution.
Statutory authority:
1997 Wis. Act 1
Anticipated time commitment:
The anticipated time commitment is 16 hours and 15 minutes. Two public hearings are proposed to be held in January 1998, one in the north and one in the south.
Natural Resources
Subject:
NR Code - Relating to requesting NRB authority to adopt emergency and permanent rules to implement private forest landowner grant program.
Description of policy issues:
Description of policy issues to be resolved, (include groups likely to be impacted or interested in the issue):
The rules will provide guidance for implementing the forestry grant program as authorized in the 97-98 budget bill. Upon enactment, the Statute will authorize grants to private forest landowners to implement forest stewardship management plans that “protect and enhance soil and water quality; endangered, threatened or rare forest communities; the growth and maintenance of the forest; habitat for fish and wildlife, and; the recreational, aesthetic and environmental benefits that the forest land provides.”
Private, non-industrial, forest landowners (totally over 225,000) will benefit from the provisions of this law that provide financial assistance for long-term investments in resource management. Others interested will be private consulting and industrial foresters who work with landowners, private tree and shrub nurseries who provide plant materials, as well as, contractors who implement the practices (i.e. tree planters and installers of erosion and stream protection structures). The County Land & Water Conservation Departments also have an interest, as they will be involved in administering the grants at the local level and providing technical assistance to landowners. The workload of DNR foresters and other resource managers will be impacted, although any additional work is offset by the loss in recent years of federal funds for these purposes.
It is expected that there will be little, if any, opposition to adoption of these rules.
This action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
Since the proposed rules implement new legislation, they do not represent a change in policy.
The need for the rules stems from new legislation which will provide state funding for forest management and conservation practices. The rules establish a preference and award system that will be fair and equitable.
Statutory authority:
SS. 23.097 (2), 23.11, 28.07 and 227.11 (2) (a), Stats.
Anticipated time commitment:
The anticipated time commitment is 351 hours. Two public hearings are proposed to be held in November 11, 1997 in Madison and Wausau.
Natural Resources
Subject:
S. NR 485.04 - Relating to revision to Table 1 “Emission Limitations for the Transient Emission Test”. The objective of the proposed rule is to relax the final phase of emission limitations for some groups of older motor vehicles to ensure that the limitations are more closely related to the emission levels which the vehicles are reasonably capable of achieving and maintaining.
Description of policy issues:
Description of policy issues to be resolved, (include groups likely to be impacted or interested in the issue):
The policy issues that need to be resolved are:
1) Determining the level of emission limitations that would achieve a balance between reducing ozone-forming emissions and avoiding costly and ineffective repairs on vehicles that exceed the limitations.
2) Determining whether the final phase emission limitations should be phased-in on a longer schedule (beyond December, 1997) to further minimize the risk of costly and ineffective repairs.
Staff from the Departments of Natural Resources and Transportation are currently looking at options and alternatives for resolving these issues. Staff from these two Departments have also discussed the proposed revision with vehicle manufacturers, the vehicle repair industry, environmentalists, technical college personnel. They all support relaxing the final phase of emission limitations for older vehicles.
The groups likely to be impacted or interested in the proposed rule are owners of motor vehicles subject to the emission inspection program and the vehicle repair industry in the seven southeastern Wisconsin counties of the program area (Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha counties).
This action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
The proposed rule will not impose requirements on any previously unregulated source. It will only relax the final phase of emission limitations for some of the motor vehicles already subject to the requirements of the motor vehicle emission inspection program.
Since the current rule requires the final phase of emission limitations to take effect December 1, 1997, an emergency rule is needed to complete the revision by that date. An identical permanent rule will be processed in parallel. Preservation of the public welfare necessitates the adoption of an emergency rule since recent technical information indicates that a large proportion of older vehicles cannot reasonably maintain emissions in compliance with the final phase emission limitations. The repairs which would need to be done on older vehicles attempting to comply with these limitations would often be costly and ineffective in keeping emissions low.
Statutory authority:
SS. 227.11 (2) (a), 285.11 (1) and 285.30 (2), Stats.
Anticipated time commitment:
The anticipated time commitment is 370 hours. One or two public hearings are proposed to be held in December, 1997 in Milwaukee.
Natural Resources
Subject:
Ch. NR 113 - Relating to septage management.
Description of policy issues:
Description of policy issues to be resolved, (include groups likely to be impacted or interested in the issue):
The Department seeks modification to the restrictions placed on land application of septage on frozen or snow-covered ground, and other generally minor clerical corrections. Impacted groups include the pumpers who service such systems, wastewater treatment plants, homeowners and environmental groups.
This action represents a change from past policy.
Explain the facts that necessitate the proposed change:
When revisions to chapter NR 113 became effective January 1, 1997, a provision was included by the Natural Resources Board concerning restrictions on land-applying septage on frozen or snow-covered ground. This provision required the Department to appear before the Board by February, 1998 to request the restrictions be approved or disapproved. The Department staff has listened to the many concerns raised by haulers and others with respect to the lack of alternative disposal options which exist in various parts of the state during winter months. The Department therefore will seek modifications to ch. NR 113, which will set conditions on land application of septage on frozen or snow covered ground, to allow such application, while still providing adequate water quality protection.
Statutory authority:
S. 40 CFR 503.14 (b)
S. 281.48 (4g), Stats.
Federal and state statutes do not contain specific site-management provisions, but require that rules be promulgated to prevent runoff and protect water quality. Federal statutes specifically address frozen or snow covered sites.
Anticipated time commitment:
The anticipated time commitment is 62.5 hours. One public hearing is proposed to be held in March, 1998 in Madison.
Veterinary Examining Board
Subject:
VE Code - Relating to the practice of veterinarians and veterinary technicians.
Description of policy issues:
Objective of the rule:
Clarify and update administrative rules. Recommended changes relate to such issues as form, style, placement, grammar, punctuation, and use of plain language; examination passing scores; and examination reviews. Create a provision to address the Americans With Disabilities Act. Also, repeal outdated provisions in the rules. Replace “animal technician” with “veterinary technician.”
Policy analysis:
The proposed changes focus primarily on the form, placement, clarity, grammar, punctuation, plain language and related issues. Amend several definitions. Clarify how passing scores on examinations are determined. Repeal obsolete provisions. Create a provision to address the Americans With Disabilities Act. Replace “animal technician” with “veterinary technician” to conform with the statutes.
Statutory authority:
SS. 15.08 (5) (b), 227.11 (2), 453.03 and 453.065, Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
The anticipated time commitment is 20 hours.
Submittal of Rules to Legislative Council Clearinghouse
Notice of Submittal of Proposed Rules to
Wisconsin Legislative Council Rules Clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
